Uncategorized No Comments

Discuss “legal authority” in terms of both type of information and degree of persuasiveness.

  1. What kind of authority does the constitution represent and where is the most utilized source for locating the constitution (U.S. or state)?


**List 3 main points in the homework

**List the “muddiest point” in the homework

2/18 #1 of 2 groups Enacted Law: State Legislation

Recap: primary v. secondary authority

  1. enacted law v. case law

  2. What are the forms of state statutory authority? Distinguish.

  3. What are the key components of a state code?

  4. How does the article on the charitable immunity statute related to our discussion of state statutes?

  5. What is the importance/significance of the Manzie and Charitable Immunity articles in statutory law and statutory research?

#2 of 2  Federal Legislation

  1. What are the forms of federal statutory authority? Distinguish.

  2. What are the key components of a federal code?

  3. Distinguish between USC, USCA, and USCS.

  4. How do you properly cite USCA? Contrast with the proper citation form for NJSA.

  5. What are the key research methods for codes?

  6. What is “positive law”? What does it mean for a code or a portion of a code to be enacted into positive law? [Contrast this with prima facie evidence of law.]


**List 3 main points in the homework

**List the “muddiest point” in the homework

2/25 #1 of 3 groups  Administrative Law

  1. Compare and contrast citation form for federal and state: constitutions, statutes, and rules/regulations.

  2. Compare and contrast the Federal Register and C.F.R. What does this contrast remind you of?

  3. In what way do administrative agencies have function like the executive, legislative and judicial branches?

#2 of 3 1.  What is LEXIS? What is a “query”?

#3 of 3 Legislative History

  1. What kind of a source of law is legislative history?[this is not easy to answer.]

  2. What are the purposes of legislative history?

Why does Justice Scalia say in a footnote in your book that it is an unreliable source?


**List 3 main points in the homework

**List the “muddiest point” in the homewor


Click to Submit a Project